Vadala v. Henkels & McCoy, Inc.

WALSH, Judge.

This personal injury action arises out of a vehicular collision which occurred on August 21, 1976, involving plaintiff, Frank J. Vadala and Gary Beatson, an employee of defendant, Henkels & McCoy, Inc. At the time of the accident Beatson was operating a dump truck which he had taken, without authorization, from his employer’s storage yard. The yard is surrounded by a cyclone fence which is approximately six feet in height and is topped with barbed wire. Beatson gained access to the yard by cutting a gate lock. The key to the truck was in the ignition.

Beatson testified by…